The Supreme Court gave the "green light" to lawsuits for intrusive advertising
Recently, more and more Russians have filed lawsuits against companies that send annoying ads. The Supreme Court of the Russian Federation has given a clear signal of support for such claims, recommending that courts of general jurisdiction take into account violations of citizens' constitutional rights when considering such cases, Rossiyskaya Gazeta reports.
"Intrusive advertising and calls are a violation of the right to privacy, which is enshrined in Article 23 of the Constitution of the Russian Federation and Article 151 of the Civil Code of the Russian Federation," said Sergei Astashov, chairman of the Judicial Board for Civil Cases of the Supreme Court of the Russian Federation. According to him, the demand for compensation for moral damage in such situations must be satisfied.
An example of such a situation is the case when a citizen who was subjected to persistent calls from a bank with offers of loans applied to the court with a request to stop processing personal data and seek compensation for moral damage. Despite the fact that the bankers sincerely believed that they needed to be "understood and forgiven," the Supreme Court disagreed with the decision of the lower courts that rejected the claim.
Although the amounts of compensation are still small, the very facts of satisfying such claims are important. For example, in the Kursk region, a court recently charged a mobile operator two thousand rubles in favor of a local resident for sending promotional SMS messages without his consent.
"The plaintiff believed that his rights had been violated by the mobile operator, as the latter regularly provided him with advertising services without his consent," the joint press service of the judicial system of the Kursk region explained. The citizen provided the court with screenshots of SMS messages as evidence.
It is noteworthy that in this case, the court also levied a fine of 1 thousand rubles from the operator in favor of the citizen, since he did not satisfy his demands voluntarily.
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The Supreme Court gave the "green light" to lawsuits for intrusive advertising
The Supreme Court of the Russian Federation recommended that the courts consider claims for compensation for moral damage, and citizens, inspired by this opportunity, actively began to apply to the courts, demanding damages for violations of their right to privacy.